Delhi High Court
Peeyush Yadav vs Union Of India Through Secretary & ... on 17 December, 2021
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 17th December, 2021
+ W.P.(C) 13170/2021
PEEYUSH YADAV ..... Petitioner
Through: Mr.Rakesh Kumar Yadav, Adv.
versus
UNION OF INDIA THROUGH SECRETARY & ORS.
..... Respondents
Through: Mr.Nawal Kishore Jha, SPC
with Mr.Akshat Singh, GP &
Mr.Anurag Vijay, Adv. with
Dr.Amarnath Kumar, CRPF,
DC/SMO & Dr.Naishadh J.
Jivrajani, BSF, DC.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (Oral)
1. The petitioner had applied for the 'Delhi Police, CAPFs and
Assistant Sub-Inspector in CISF Examination, 2019'.
2. The petitioner was declared unfit for appointment during the
Detailed Medical Examination on the following grounds:-
i) Cubitus Valgus
ii) Right 4th toe deformity
Signature Not Verified
Digitally Signed
Signing Date:18.12.2021
14:35:34
3. It is the case of the petitioner that the petitioner was thereafter
referred to the Jawahar Lal Nehru Hospital, Ajmer (hereinafter
referred to as 'JLN Hospital') for further examination. The petitioner
contends that in such examination, the petitioner was found to be
medically fit. The petitioner contends that inspite of the said report
finding the petitioner to be medically fit, the petitioner was again
declared unfit on the same grounds, that is, 'cubitus valgus' and 'right
4th toe deformity' by the Review Medical Examination Board.
4. Pursuant to the order of this Court dated 03.12.2021, the
respondents have produced before us the original medical record of
the petitioner. The doctors who constituted the Review Medical Board
are also present in the Court today.
5. Upon perusal of the medical record, we find that the petitioner
was referred to JLN Hospital for an opinion from Orthopaedic on
'cubitus valgus' and 'right 4th toe deformity'. There is also a certificate
dated 26.10.2021 issued by the JLN Hospital opining the petitioner to
be fit orthopedically. It also records that the x-ray of the right foot is
normal and so as the carrying angle.
6. The doctors present in Court explain that the examination
conducted by the JLN Hospital cannot be accepted as the certificate
does not mention the carrying angle in the report and in any case, the
petitioner seems to have been examined from a civilian angle.
7. Be that as it may, as we have an opinion from the JLN Hospital
which declares the petitioner to be orthopedically fit, in the peculiar
Signature Not Verified
Digitally Signed
Signing Date:18.12.2021
14:35:34
facts of the present case, we are of the opinion that petitioner should
be examined by the Army R&R Hospital, New Delhi (hereinafter
referred to as 'R&R Hospital') for his alleged 'cubitus valgus' and
'right 4th toe deformity'. For this purpose, the respondent shall request
the R&R Hospital to constitute a Board of doctors consisting of a
specialist Orthopedic and give an appointment to the petitioner for
being examined within a period of ten days from today. The report of
the R&R Hospital shall be considered as final, with no party being
allowed to challenge the same. The respondent shall act upon the
appointment application of the petitioner in accordance with the report
that is received from the R&R Hospital within a period of two weeks
from the receipt of the report. The report received from the R&R
Hospital shall also be shared with the petitioner.
8. The petition is disposed of with the above directions.
9. The original medical record of the petitioner is returned back to
the respondents.
NAVIN CHAWLA, J
MANMOHAN, J
DECEMBER 17, 2021/rv
Signature Not Verified
Digitally Signed
Signing Date:18.12.2021
14:35:34
